Question
Hearsay is defined in Rule 801 of the Federal Rules of Evidence as: a statement, other than one made by the declarant while testifying at
Hearsay is defined in Rule 801 of the Federal Rules of Evidence as: a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence "to prove the truth of the matter asserted."A statement is not hearsay if [it is an admission by the opposing party and the statement is offered against the opposing party. Based off this statement please answer the following
1. Ms. Small has been sued for negligently causing the death ofPhilip Drake in a motor vehicle accident.Evaluate each of the following statements as to whether they would beadmissibleorinadmissible as hearsay and why.
- John just testified that Philip was still alive when the police arrived.When the attorney asked him how he knew that, he said "Because the poor little guy had just whispered in my ear 'Why did that lady in the red car run me down?'"
- Mary testified, "John told me just yesterday all about how he saw Mrs. Small's car jump the curb and run over Philip."
- The first police officer at the scene is on the witness stand.When asked, he testifies that he interviewed John at the scene and John told him that he saw Mrs. Small's car jump the curb and run down Philip.
- A bystander who was at the scene of the accident, testifies that right after the accident, he heard Mrs. Small cry out, "Oh, no, I can't afford another speeding ticket."
2.Determine whether you think the following testimony would be allowed in Mr. Drake's case and why.If not, state the appropriate objection.
a.An eye witness stated, "I heard the brakes squeal and then the car jumped the curb.To my horror, I saw the car hit a little boy."
b.A second eye witness testified, "That red car was going at least 80 MPH just before it swerved onto the sidewalk."
c.Mrs. Small's husband is on the stand.He is asked what, if anything, Mrs. Small told him about how the accident occurred.
d.The plaintiff's attorney wants to show a video taken of Mr. Drake's heart valve repair, necessitated by his heart attack.
e.The plaintiff's attorney wants to introduce color pictures of the grandchild, taken at the accident scene, showing the boy crushed under the front wheels of the defendant's car
f.The defendant's attorney wants to introduce a sketch of the accident scene that he drew based on the statements given to him by his client.
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